Frisch v. Grife et al
Filing
1
COMPLAINT against Idan Grife, Louise Kahn, Syvan Meller. (Filing Fee $ 350.00, Receipt Number 1014243)Document filed by Bertrand Frisch. (Attachments: # 1 Exhibit, # 2 Exhibit)(rdz) Modified on 8/17/2011 (rdz).
JUDGE PATTERSON
UNI~'ED STATES DISTRICT COURT
SOU~l'HERN DISTRICT OF NEW YORK
BER'2['RANORISCH,
F
Lov,el~cat Music
x
doing business
as
5
Index #-----
Plaintiff,
-againstIDAU GRIFE p/k/a "Bruno Grife",
KAHlir
and SYVAN MELLER
LOUISE
Defendants.
x
COMPLAINT
Plaintiff,
Bertrand
by :_ts attorney,
Frisch,
doing business
seeks a declaratory
to t.he non-infringement
judgment
of Defendants'
as
from this Court as
copyright,
and alleges
as
follows:
NATURE
1.
judqement
This is an action
for non-infringement
Act of 1976, 17 U.S.C.
by defendants'
license
entered
§
wrongful
entered
copyright
OF THE ACTION
of copyright
ref~sal
against
into an agreement
license
under the Copyright
101 et seg. (the "Copyright
Act")
caused
to abide by a non-exclusive
into with Plaintiff
infringement
non-exclusive
for, inter alia, declaratory
and, now, threatening
a third party with whom Plaintiff
pursuant
to the terms of its
with Defendants.
THE PARTIES
2.
Lovecat
business
NY
Music,
Plaintiff,
Bertrand
is a resident
offices
(hereinafter,
located
Frisch,
doing business
of the State of New York with his
at 142 West End Avenue
"Plaintiff").
as
(23W), New York,
3.
Upon information
Grife p/k/a "Bruno Grife",
individual
songwriters
Louise
with Plaintiff
business
at 17 Nordau
Street,
This action
jurisdiction
1338(a)
performers
are
who entered
into a
Tel Aviv,
63112, Israel
"Defendants").
4.
§§
Idan
in New York, and reside and conduct
JURISDICTION
Court's
Defendants,
Kahn and Syvan Meller,
and musical
contract
(hereinafter
and belief,
and
(b), in that the action
relating
Judgment
Act, 29 D.S.C.
to copyrights,
Venue
the provisions
arises under the Copyright
is based upon 28 U.S.C.
Congress
5.
AND VENUE
§§
§
Act. This
1331 and 28 D.S.C.
arises under Acts of
and under the Declaratory
2201 and 2202.
is proper
of 28 D.S.C.
in this District
§§
Court pursuant
to
1391(d).
FACTS GIVING RISE TO THIS ACTION
6.
Over a period
July 2011, Defendants
and entered
came to agreement
into a non-exclusive
with respect
to Defendants'
compositions
entitled
7.
Defendants
contract
contract
with Plaintiff
and musical
and "Girl On The Run".
made an offer to contract
to Plaintiff)
to Defendants
from May through
on terms with Plaintiff
sound recordings
which was accepted
enforceable
license
"Ballroom"
Plaintiff
correspondence
Plaintiff
of time extending
by Defendants
(via written
and consideration
confirming
2
between
email
was paid by
the contract.
was established
with
A valid and
the parties
thereto.
8.
exclusive
The contract,
license
and musical
with respect
composit~ons,
a non-exclusive
use of the two
fifty
confirmed
the terms of the contract
the contract
10.
$2,500.00
11.
$2,500.00
Plaintiff
to
that Plaintiff
of the amounts
paid to
Defendants
return confirming
retained
of consideration
that Plaintiff
to Defendants
document
confirming
in the amount of
it on behalf
of
for the contract.
as well as the contract
which
In reliance
entered
and did not return the
Defendants
the non-exclusive
and Plaintiff's
company
the written
Idan Grife who received
by Plaintiff,
12.
but insisted
that they
partners.
payment
Defendants
to Plaintiff
sent a wire transfer
cer1:ain email communications
movie
with respect
terms to Plaintiff.
to Defendant
his Defendant
Plaintiff
to enter into
of $1,200 per song as consideration
they signed and returned
contract
Plaintiff
with third parties
(50%) percent
a non-
(2) sound recordings
(2) songs in one film and provided
Defendants
make a payment
before
Plaintiff
for use of the songs.
9.
accepted
to the two
and authorized
sub-license
would pay Defendants
Plaintiff
inter alia, granted
license,
on Defendants'
payment
Pictures,
set up by New Line Productions,
Inc.
3
of
sent to
to sign and
are attached
acceptance
of the requested
into a non-exclusive
Class Action
promised
Copies
as
of the
consideration,
sub-license
agreement
Inc., the production
("Class Action
with
entity
Pictures")
for use of the two
(2) songs in the motion
"Final Destination
5".
13.
Plaintiff
Defendants
now seek to rescind
and are threatening
unauthorized
threats
uncertainty
for Class Action
credibility
and busi~ess
monetary
entitled
the contract
to sue Class Action
Pictures
with
for
use of the songs in the film "Final Destination
Defendants'
damages
picture
against
Class Action
Pictures,
reputation
to Class Action
damage
Class Action
Pictures,
to Plaintiff
Pictures
5".
have created
are damaging
Plaintiff's
and may also cause monetary
which may,
in turn, cause
who would be required
to indemnify
Pictures.
STATEMENT
OF CLAIMS
Fiz·:~t Count
(Deic~1aratory Judgment
14.
allegations
of Non-Infringement
Plaintiff
repeats
in paragraphs
of Copyright)
and real leges each of the
1 through
13 above as if fully set
f o rt.h herein.
15.
By reason
of the foregoing,
that there is a valid and enforceable
and that the Plaintiff
compositions
Pictures
validly
to Class Action
has not infringed
16.
Defendants
barqain
Defendants,
with Plaintiff,
and seek additional
contract
sub-licensed
Pictures
now contend
Pictures
having
compensation
with Defendants,
of Defendants.
there is no contract
and
is a copyright
the benefit
to disregard
of the
the contract
by the way of damages
4
and the
and that Class Action
received
now threaten
contends
the masters
upon the copyrights
that the use by Class Action
infringement.
Plaintiff
from
Warner
Brothers,
authorized
the third party with whom Plaintiff,
by Defendants,
entered
into a sub-license
as
pursuant
to
the contract.
17.
between
There is an actual,
the parties
arising
Class Action
and there is an actual
The uncertainty
Pcitures
controversy
from otherwise
18.
conducting
19.
this proceeding,
with the contract
and enable
between
its ongoing business
out of the aforesaid.
their business
activities.
to a judicial
Plaintiff
Plaintiff
declaration
copyrights.
judgment
and controversy
by this Court
giving
to proceed
with Class Action
Pictures
rise to
in accordance
and Defendants,
and conduct
with reasonable
of its rights.
Sec::,ond
Count
(TQ~tiousInterference
With Contract
wii~;b. Prospective Economic Advantage)
20.
allegation
and insecure,
and Class Action
Defendants'
the uncertainty
and
Plaintiff
The entry of a declaratory
will terminate
certainty
arising
is entitled
tha~ it has not infringed
Defendants,
are uncertain
to prevent
Plaintiff
Act. The rights,
of Plaintiff,
Pictures,
threatens
controversy
under the Copyright
status, and other legal relations
third party,
justiciable
Plaintiff
contained
repeats
and
and realleges
in paragraphs
each and every
1 to 19 hereof
as if fully set
forth herein.
21.
entered
Defendants
had knowledge
into a sub-license
recordings
and compositions
that Plaintiff
with Class Action
on their behalf
5
Pictures
pursuant
had
for the
to the
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